Waqf Amendment Bill 2025 Overview
The Waqf Amendment Bill 2025, also known as the UMEED Bill, was passed by the Indian Parliament in April 2025. This bill seeks to amend the existing Waqf Act of 1995, aiming to bring greater transparency, efficiency, and accountability to the governance and management of Waqf properties across the country. The legislation addresses long-standing challenges within the Waqf system and introduces substantial administrative reforms.
Initially introduced in 2024, the bill was scrutinised by a Joint Parliamentary Committee (JPC). After a comprehensive review and public consultations, it was passed in both the Lok Sabha and the Rajya Sabha. It now awaits Presidential assent to become law.
What is a Waqf Property?
A Waqf is a property endowed by a Muslim individual for religious, charitable, or specific purposes. While the ownership of such property is considered to rest with God, its benefits are directed toward the specified cause.
- Establishment: A Waqf may be established through a written document or even orally.
- Usage and Permanence: A property consistently used for religious or charitable purposes can be identified as Waqf.
- Irrevocability: Once designated, a Waqf property cannot be reclaimed or altered by the donor.
Interestingly, not all Islamic countries have formal Waqf systems. Nations like Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq do not have formal Waqf institutions. In contrast, India maintains a well-established Waqf infrastructure.
India’s Waqf Boards are among the largest landowners in the country after the Indian Armed Forces and the Indian Railways, overseeing around 8.7 lakh properties spread across approximately 9.4 lakh acres, with a combined value estimated at ₹1.2 lakh crore.
Origin of the Concept of Waqf
The Waqf system in India dates back to the Delhi Sultanate. Historical records show that Sultan Muizuddin Sam Ghaor dedicated villages to the Jama Masjid in Multan, appointing a Shaikhul Islam to manage them. The concept expanded under subsequent Islamic rulers.
- Colonial Opposition: During the British Raj, the Privy Council dismissed Waqf as "perpetuity of the worst kind," attempting to invalidate it.
- However, the Mussalman Waqf Validating Act of 1913 upheld the institution of Waqf in India.
- Post-Independence: The Waqf Act, 1954 introduced a legal framework to regulate these properties, leading to the creation of the Central Waqf Council in 1964.
- This was replaced by the more comprehensive Waqf Act, 1995 to enhance protection and oversight.
Waqf Act, 1995
The Waqf Act of 1995 was enacted to govern the administration of Waqf properties across India. Key features include:
- Establishment of Waqf Boards at the state level.
- Clear roles for the Waqf Council, State Waqf Boards, Chief Executive Officer, and Mutawalli (property caretaker).
- Creation of Waqf Tribunals to adjudicate disputes, functioning as civil courts with binding decisions.
- Civil courts are barred from entertaining disputes within the tribunal’s jurisdiction.
Waqf Amendment Bill 2025 (UMEED Bill)
The UMEED Bill (Unified Management Empowerment Efficiency and Development) seeks to modernise the management of Waqf properties by introducing technological integration, procedural simplification, and inclusive governance mechanisms.
Key Provisions and Changes in the 2025 Amendment
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Renaming: The bill is officially renamed the UMEED Bill.
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Inclusion of Non-Muslims: Central and state Waqf Boards must include non-Muslim members for broader inclusivity.
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Removal of ‘Waqf by User’: The provision that allowed property to be designated Waqf based on longstanding use has been removed. However, pre-existing registered Waqf-by-user properties remain valid unless disputed by the government.
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Abolition of Section 40: Section 40, which allowed Waqf Boards to designate any land as Waqf, is repealed.
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Trusts Exempted: Trusts governed under separate charitable trust laws are excluded from Waqf regulations.
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Eligibility for Waqf Creation: Only practicing Muslims with a minimum of five years' adherence to the faith can dedicate property as Waqf.
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Protection of Inheritance: The bill mandates that rightful heirs—including women, children, widows, and orphans—must receive their inheritance before a property is declared Waqf.
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Limitation Act Applicability: The Limitation Act, 1963 is now applicable to Waqf-related disputes to curb indefinite litigation.
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Protection of Tribal Lands: Waqf cannot be established on tribal lands protected under Schedules V and VI of the Constitution.
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Tribunal Composition: The Waqf Tribunal retains a three-member structure per JPC recommendation, reversing earlier plans for downsizing.
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Government Property Claims: Any claim involving government property must be investigated by an officer senior to a district collector.
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Dispute Resolution: Authority to decide on property ownership between Waqf and government now rests with senior officials, replacing Waqf Tribunals.
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Appeals to High Court: The bill provides for direct appeals to the High Court against tribunal decisions, increasing judicial oversight.
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Digital Governance: All Waqf properties must be registered on a centralised online portal within six months.
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Financial Flexibility: Waqf institutions’ mandatory contributions to boards are reduced from 7% to 5%, enabling more funds for charitable work.
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Income Audits: Institutions with income exceeding ₹1 lakh annually are subject to mandatory government audits.
Significance of the Waqf Amendment Bill 2025
The 2025 amendment is positioned as a landmark reform with far-reaching implications:
- Improved Governance: Promotes transparency, efficient administration, and digital record-keeping.
- Enhanced Oversight: Stronger rules against encroachment and financial mismanagement.
- Greater Inclusivity: Non-Muslim and female representation on Waqf Boards promotes diversity.
- Legal Clarity: Addresses long-standing ambiguities and streamlines legal processes.
- Community Welfare: Reforms are geared toward maximising the social impact of Waqf assets.
Criticisms of the Waqf Amendment Bill 2025
Despite its stated goals, the bill has drawn considerable criticism:
- Religious Infringement: Detractors argue it infringes upon constitutional protections under Articles 14, 25, 26, and 29, especially due to non-Muslim inclusion in religious boards.
- Centralisation of Power: By shifting authority to state officials and away from independent tribunals, the bill is seen as increasing bureaucratic control.
- Lack of Community Engagement: Critics highlight insufficient dialogue with the Muslim community before drafting the legislation.
- Neglect of Historical Practices: Eliminating ‘Waqf by user’ may jeopardise legacy properties without formal records.
- Conflict Potential: Vesting property adjudication with district officials may complicate dispute resolution and delay justice.
- Board Integrity Concerns: Non-Muslim participation on Waqf Boards raises concerns over misalignment with Islamic legal principles.
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